IC 13-19-3
    Chapter 3. Powers and Duties Concerning Solid Waste andHazardous Waste Management

IC 13-19-3-1
Regulation of solid and hazardous waste and atomic radiation;review orders; development of operating policies
    Sec. 1. The solid waste management board shall do the following:
        (1) Except as provided in sections 3 through 4 of this chapter,adopt rules under IC 4-22-2 to regulate solid and hazardouswaste and atomic radiation in Indiana, including rules necessaryto the implementation of the federal Resource Conservation andRecovery Act (42 U.S.C. 6901 et seq.), as amended.
        (2) Develop operating policy concerning the activities of thedepartment.
        (3) Carry out other duties imposed by law.
As added by P.L.1-1996, SEC.9. Amended by P.L.25-1997, SEC.14.

IC 13-19-3-2
Orders; review by environmental law judge
    Sec. 2. (a) The commissioner may enter into agreed orders asprovided in IC 13-30-3-6.
    (b) An environmental law judge under IC 4-21.5-7 shall revieworders and determinations of the commissioner.
As added by P.L.1-1996, SEC.9.

IC 13-19-3-3
Prohibited areas of regulation
    Sec. 3. The board may not adopt rules under section 1 of thischapter to regulate the following:
        (1) The disposal of waste indigenous to the coal mining processand coal combustion products (as defined by ASTME-2201-02a), including fly ash, bottom ash, boiler slag,fluidized bed combustion ash, or flue gas desulfurizationmaterial produced from the combustion of coal or the cleaningof stack gases on coal combustion units if the material:
            (A) is not included in the definition of hazardous waste or isexempt from regulation as a hazardous waste under 42U.S.C. 6921; and
            (B) is disposed of at a facility regulated under IC 14-34.
        (2) The use of coal combustion products (as defined by ASTME-2201-02a), including fly ash, bottom ash, boiler slag,fluidized bed combustion ash, or flue gas desulfurizationmaterial produced from the combustion of coal or the cleaningof stack gases on coal combustion units, if the use includes one(1) of the following uses:
            (A) The extraction or recovery of materials and compoundscontained within coal combustion products.
            (B) Bottom ash as an antiskid material.
            (C) Raw material for manufacturing another product.            (D) Mine subsidence, mine fire control, and mine sealing.
            (E) Structural fill when combined with cement, sand, orwater to produce a controlled strength fill material.
            (F) A base in road construction.
            (G) Cover for coal processing waste disposal locations toinhibit infiltration at surface and underground mines subjectto IC 14-34, so long as a demonstration is made inconcurrence with the department of natural resources thatthe materials and methods to be employed are appropriatefor the intended use.
            (H) Providing buffering or enhancing structural integrity forrefuse piles at surface and underground mines subject toIC 14-34, so long as a demonstration is made in concurrencewith the department of natural resources that the materialsand methods to be employed are appropriate for the intendeduse.
            (I) Agricultural applications, when applied using appropriateagronomic amounts to improve crop or vegetativeproduction.
As added by P.L.1-1996, SEC.9. Amended by P.L.215-2003, SEC.4.

IC 13-19-3-4
Vertical expansions of existing permitted landfills; rules prohibited
    Sec. 4. Except as provided by sections 5 and 6 of this chapter, theboard and the department may not adopt rules under section 1 of thischapter to:
        (1) prohibit; or
        (2) arbitrarily restrict;
vertical expansions of existing permitted landfills.
As added by P.L.1-1996, SEC.9. Amended by P.L.122-1996, SEC.3.

IC 13-19-3-5
Vertical expansions of existing permitted landfills; environmentalassessments
    Sec. 5. Notwithstanding federal regulations, the board and thedepartment shall adopt rules under section 1 of this chapter thatrequire an applicant for a vertical expansion of an existing permittedlandfill to submit environmental assessments as part of theapplication, including the following:
        (1) Hydrogeology of the existing landfill site and adjacentareas.
        (2) Evaluation of groundwater.
        (3) Operational history of the landfill.
        (4) Identification of adjacent land uses.
As added by P.L.1-1996, SEC.9.

IC 13-19-3-6
Vertical expansions of existing permitted landfill; submission ofdesign, engineering, and operational requirements
    Sec. 6. Notwithstanding federal regulations, the board and the

department shall adopt rules under section 1 of this chapter thatrequire the applicant for a vertical expansion of an existing permittedlandfill to submit design, engineering, and operational requirements,including the following:
        (1) A more precise definition of the hydrogeology of the site,including a soil gas analysis.
        (2) Operational requirements.
        (3) Surface water control plan.
        (4) Landfill gas control plan.
        (5) Final cover requirements.
        (6) Closure and financial assurance plans.
        (7) Remedial action plan.
As added by P.L.1-1996, SEC.9.

IC 13-19-3-7
Use of foundry sand
    Sec. 7. The department and the boards shall allow a person to usefoundry sand that meets Type III criteria under 329 IAC 10-9 for thefollowing activities in accordance with guidance without requiringthe person to obtain any permits from the department:
        (1) As a daily cover for litter and vermin control at a landfill inaccordance with any applicable permits issued for the landfill.
        (2) As a protective cover for a landfill leachate system inaccordance with any applicable permits issued for the landfill.
        (3) For use as capped embankments for ground and sightbarriers under ten thousand (10,000) cubic yards orembankments for airports, bridges, or overpasses.
        (4) For use:
            (A) in a land application operation; or
            (B) as a soil amendment;
        if the application or amendment does not include the operationof a landfill.
        (5) As a structural fill base capped by clay, asphalt, or concretefor the following:
            (A) Roads.
            (B) Road shoulders.
            (C) Parking lots.
            (D) Floor slabs.
            (E) Utility trenches.
            (F) Bridge abutments.
            (G) Tanks and vaults.
            (H) Construction or architectural fill.
            (I) Other similar uses.
        (6) As a raw material constituent incorporated into anotherproduct, including the following:
            (A) Flowable fill.
            (B) Concrete.
            (C) Asphalt.
            (D) Brick.
            (E) Block.            (F) Portland cement.
            (G) Glass.
            (H) Roofing materials.
            (I) Rock wool.
            (J) Plastics.
            (K) Fiberglass.
            (L) Mineral wool.
            (M) Lightweight aggregate.
            (N) Paint.
            (O) Plaster.
            (P) Other similar products.
As added by P.L.129-1997, SEC.2. Amended by P.L.30-1999, SEC.3;P.L.14-2000, SEC.37.

IC 13-19-3-7.2
Rules for voluntary certification programs
    Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 andIC 13-14-9 to develop a voluntary certification program for personsthat remediate sites where releases of hazardous substances (asdefined in IC 13-11-2-98) or petroleum (as defined inIC 13-11-2-160) have occurred.
    (b) The rules adopted under this section must establish, at aminimum, the following:
        (1) Eligibility criteria for certification.
        (2) Criteria and procedures for suspension or revocation ofcertification.
        (3) A certification application fee.
    (c) The department may audit remediations performed by personscertified under rules adopted under this section.
As added by P.L.131-1997, SEC.1.

IC 13-19-3-8
Use of slag
    Sec. 8. The board may not adopt rules under section 1 of thischapter to regulate the following activities involving the legitimateuse of slag generated by the production of iron or steel under Bureauof the Census Standard Industrial Classification 3312:
        (1) Production of slag.
        (2) Transportation of slag.
        (3) Storage of slag.
        (4) Processing of slag.
        (5) Legitimate use of slag.
As added by P.L.257-2001, SEC.1.

IC 13-19-3-8.2
Permit modification to prohibit processing or disposal of solidwaste
    Sec. 8.2. The department may modify a permit to prohibit theprocessing or disposal of specific solid waste at:
        (1) a solid waste disposal facility; or        (2) a solid waste processing facility.
As added by P.L.218-2001, SEC.6.

IC 13-19-3-9
Construction\\demolition waste; setback requirements
    Sec. 9. (a) This section does not apply to an expansion of a solidwaste landfill:
        (1) that accepts only construction\\demolition waste; and
        (2) for which a construction\\demolition waste permit was issuedbefore January 1, 2005.
    (b) A solid waste landfill that accepts onlyconstruction\\demolition waste shall comply with setbackrequirements concerning public schools established by the boardunder 329 IAC 10-16-11 for municipal solid waste landfills.
As added by P.L.189-2005, SEC.2.